Page Updated: 23/10/2024
Introduction
The Work Life Balance and Miscellaneous Provisions Act 2023 (“the Act”) was enacted on 04 April 2023 with the purpose of amending a number of enactments, including the Parental Leave Act 1998 (‘the Principal Act’). Section 6 of the Act introduces the entitlement to up to five days leave, without pay, for medical care purposes in a 12-month period. Section 6 was commenced on 3rd July 2023.
Definitions
Section 6 of Act – Leave for medical care purposes. The Principal Act is amended by the insertion of the following section:13A.
The Principal Act is amended by the insertion of the following section:13A.
(1) An employee shall be entitled to leave without pay from his or her employment, to be known and referred to in this Act as leave for medical care purposes, for the purposes of providing personal care or support to a person to whom this subsection applies.
(2) Subsection (1) applies to a person who (a) is one of the following:
(i) a person of whom the employee is the relevant parent; (ii) the spouse or civil partner of the employee; (iii) the cohabitant of the employee; (iv) a parent or grandparent of the employee; (v) a brother or sister of the employee; (vi) a person, other than one specified in any of subparagraphs (i) to (v), who resides in the same household as the employee, and (b) is in need of significant care or support for a serious medical reason.
(3) Leave for medical care purposes shall consist of one or more days on which, but for the leave, the employee would be working in the employment concerned but shall not exceed 5 days in any period of 12 consecutive months and shall not be taken in a period of less than one day.
Taking leave for medical care purposes
An employee is entitled to take up to five days' unpaid leave per year, where for serious medical reasons the employee needs to provide personal care or support to a family member or person who lives in their household.
The leave cannot be taken in periods of less than one day.
When an employee takes or intends to take leave they should, as soon as reasonably practical, confirm in the prescribed form, given to his or her employer, that they have taken or intend to take leave for medical care purposes. The employee confirmation of leave should specify the date of commencement of the leave and the duration. Confirmation should contain a statement of the facts entitling them to the leave. It should be signed by the employee.
An employer, on receipt of confirmation shall provide the employee with a written acknowledgement of the receipt of confirmation. This should be retained by the employee. An employer may request relevant evidence in relation to the person for whom the care or support is proposed to be provided.
Rate of Pay
Leave for medical care purposes (as referred to in the Act) is unpaid.
Records
The employer must keep records of all leave for medical care taken by employees. Section 15 of the 2023 Act amends section 27 of the Parental Leave Act 1998 to provide that records must be held for a period of 3 years.
Employment protections and disputes
Where a dispute arises with an employer regarding an employee availing of leave for medical care purposes; where the employee was refused leave for medical care or was penalised for taking or proposing to take leave for medical care, the employee may make an application to the Workplace Relations Commission (WRC) in line with section 41(2) of the Workplace Relations Act 2015 for a decision by an Adjudication Officer under section 21 of the Parental Leave Act 1998.
An Adjudication Officer may award the leave or compensation or both. Compensation shall be just and equitable but not exceed 20 weeks’ remuneration.
Please read the relevant legislation in relation to any potential claim and seek independent advice where appropriate and ensure that statutory time limits are met.
Legislation
A copy of the relevant Acts may be viewed or downloaded here -